HUMAN RIGHTS-AI-VIOLATIONS

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB3364

Introduced 2/4/2026, by Sen. Rachel Ventura

SYNOPSIS AS INTRODUCED:

775 ILCS 5/3-101

from Ch. 68, par. 3-101
775 ILCS 5/3-102

from Ch. 68, par. 3-102
775 ILCS 5/4-101

from Ch. 68, par. 4-101
775 ILCS 5/4-102

from Ch. 68, par. 4-102
775 ILCS 5/4-103

from Ch. 68, par. 4-103
775 ILCS 5/4-105 new
775 ILCS 5/5-101

from Ch. 68, par. 5-101
775 ILCS 5/5-102

from Ch. 68, par. 5-102

Amends the Illinois Human Rights Act. Makes it a civil rights
violation under the Act to use artificial intelligence in a real estate
transaction without providing notice to the other person engaging in the
real estate transaction that the owner, real estate broker or salesman, or
agent of one of them is using artificial intelligence to conduct the real
estate transaction. Makes it a civil rights violation to fail to inform an
applicant for a loan or credit card if the financial institution used
artificial intelligence to process the application. Makes it a civil
rights violation to fail to inform a person seeking a place of public
accommodation that the place of public accommodation uses artificial
intelligence to determine whether the person seeking a place of public
accommodation is permitted to enjoy the full and equal enjoyment of its
facilities, goods, and services. Requires that the Department of Human
Rights adopt any rules necessary for the implementation and enforcement of
the Act.
LRB104 20240 JRC 33691 b

A BILL FOR

SB3364
LRB104 20240 JRC 33691 b
1

AN ACT concerning civil law.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 5.
The Illinois Human Rights Act is amended by
5
changing Sections 3-101, 3-102, 4-101, 4-102, 4-103, 5-101,
6
and 5-102 and by adding Section 4-105 as follows:

7

(775 ILCS 5/3-101)

(from Ch. 68, par. 3-101)
8

Sec. 3-101.
Definitions.
The following definitions are
9
applicable strictly in the context of this Article:
10

(A) Real Property. "Real property" includes buildings,
11
structures, real estate, lands, tenements, leaseholds,
12
interests in real estate cooperatives, condominiums, and
13
hereditaments, corporeal and incorporeal, or any interest
14
therein.
15

(B) Real Estate Transaction. "Real estate transaction"
16
includes the sale, exchange, rental or lease of real property,
17
or any act that otherwise makes available such a transaction
18
or alters a person's rights to real property. "Real estate
19
transaction" also includes the brokering or appraising of
20
residential real property and the making or purchasing of
21
loans or providing other financial assistance:
22

(1) for purchasing, constructing, improving, repairing
23

or maintaining a dwelling; or

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LRB104 20240 JRC 33691 b
1

(2) secured by residential real estate.
2

(C) Housing Accommodations. "Housing accommodation"
3
includes any improved or unimproved real property, or part
4
thereof, which is used or occupied, or is intended, arranged
5
or designed to be used or occupied, as the home or residence of
6
one or more individuals.
7

(D) Real Estate Broker or Salesman. "Real estate broker or
8
salesman" means a person, whether licensed or not, who, for or
9
with the expectation of receiving a consideration, lists,
10
sells, purchases, exchanges, rents, or leases real property,
11
or who negotiates or attempts to negotiate any of these
12
activities, or who holds oneself out as engaged in these.
13

(E) Familial Status. "Familial status" means one or more
14
individuals (who have not attained the age of 18 years) being
15
domiciled with:
16

(1) a parent or person having legal custody of such
17

individual or individuals; or
18

(2) the designee of such parent or other person having
19

such custody, with the written permission of such parent
20

or other person.
21

The protections afforded by this Article against
22
discrimination on the basis of familial status apply to any
23
person who is pregnant or is in the process of securing legal
24
custody of any individual who has not attained the age of 18
25
years.
26

(F) Conciliation. "Conciliation" means the attempted

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1
resolution of issues raised by a charge, or by the
2
investigation of such charge, through informal negotiations
3
involving the aggrieved party, the respondent and the
4
Department.
5

(G) Conciliation Agreement. "Conciliation agreement" means
6
a written agreement setting forth the resolution of the issues
7
in conciliation.
8

(H) Covered Multifamily Dwellings. As used in Section
9
3-102.1, "covered multifamily dwellings" means:
10

(1) buildings consisting of 4 or more units if such
11

buildings have one or more elevators; and
12

(2) ground floor units in other buildings consisting
13

of 4 or more units.
14

(I) Immigration Status. "Immigration status" means a
15
person's actual or perceived citizenship or immigration
16
status.
17

(J) Artificial Intelligence. "Artificial intelligence" has
18
the same meaning as used in Article 2 of this Act.

19
(Source: P.A. 103-232, eff. 1-1-24; 103-859, eff. 1-1-25
.)

20

(775 ILCS 5/3-102)

(from Ch. 68, par. 3-102)
21

Sec. 3-102.
Civil rights violations; real estate
22
transactions and other prohibited acts.
It is a civil rights
23
violation for an owner or any other person, or for a real
24
estate broker or salesman, because of unlawful discrimination,
25
familial status, immigration status, source of income, or an

SB3364
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LRB104 20240 JRC 33691 b
1
arrest record, as defined under subsection (B-5) of Section
2
1-103, to:
3

(A) Transactions. Refuse to engage in a real estate
4

transaction or deny real property, or to discriminate in
5

making available such a transaction;
6

(B) Terms. Alter the terms, conditions or privileges
7

of a real estate transaction or in the furnishing of
8

facilities or services in connection therewith;
9

(C) Offers. Refuse to receive or to fail to transmit a
10

bona fide offer in a real estate transaction from a
11

person;
12

(D) Negotiation. Refuse to negotiate a real estate
13

transaction with a person;
14

(E) Representations. Represent to a person that real
15

property is not available for inspection, sale, rental, or
16

lease when in fact it is so available, or to fail to bring
17

a property listing to the person's attention, or to refuse
18

to permit the person to inspect real property;
19

(F) Publication of Intent. Make, print, circulate,
20

post, mail, publish or cause to be made, printed,
21

circulated, posted, mailed, or published any notice,
22

statement, advertisement or sign, or use a form of
23

application for a real estate transaction, or make a
24

record or inquiry in connection with a prospective real
25

estate transaction, that indicates any preference,
26

limitation, or discrimination based on unlawful

SB3364
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LRB104 20240 JRC 33691 b
1

discrimination or unlawful discrimination based on
2

familial status, immigration status, source of income, or
3

an arrest record, or an intention to make any such
4

preference, limitation, or discrimination;
5

(G) Listings. Offer, solicit, accept, use or retain a
6

listing of real property with knowledge that unlawful
7

discrimination or discrimination on the basis of familial
8

status, immigration status, source of income, or an arrest
9

record in a real estate transaction is intended.
10

(H) Criteria. Use criteria or methods that have the
11

effect of subjecting individuals to unlawful
12

discrimination or discrimination based on familial status,
13

immigration status, source of income, or an arrest record
14

in a real estate transaction. Such criteria or methods are
15

unlawful under this subsection if they are not necessary
16

to achieve a substantial, legitimate, non-discriminatory
17

interest; or if the substantial, legitimate,
18

non-discriminatory interest could be served by another
19

practice that has a less discriminatory effect.
20

(I) Artificial intelligence. Use artificial
21

intelligence in a real estate transaction without
22

providing notice to the other person engaging in the real
23

estate transaction that the owner, real estate broker or
24

salesman, or agent of one of them is using artificial
25

intelligence to conduct the real estate transaction. The
26

Department shall adopt any rules necessary for the

SB3364
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LRB104 20240 JRC 33691 b
1

implementation and enforcement of this subdivision,
2

including, but not limited to, rules on the circumstances
3

and conditions that require notice, the time period for
4

providing notice, and the means for providing notice.

5
(Source: P.A. 102-896, eff. 1-1-23; 103-232, eff. 1-1-24;
6
103-859, eff. 1-1-25
.)

7

(775 ILCS 5/4-101)

(from Ch. 68, par. 4-101)
8

Sec. 4-101.
Definitions.
The following definitions are
9
applicable strictly in the context of this Article:
10

(A) Credit Card. "Credit card" has the meaning set forth
11
in Section 17-0.5 of the Criminal Code of 2012.
12

(B) Financial Institution. "Financial institution" means
13
any bank, credit union, insurance company, mortgage banking
14
company or savings and loan association which operates or has
15
a place of business in this State.
16

(C) Loan. "Loan" includes, but is not limited to, the
17
providing of funds, for consideration, which are sought for:
18
(1) the purpose of purchasing, constructing, improving,
19
repairing, or maintaining a housing accommodation as that term
20
is defined in paragraph (C) of Section 3-101; or (2) any
21
commercial or industrial purposes.
22

(D) Varying Terms. "Varying the terms of a loan" includes,
23
but is not limited to, the following practices:
24

(1) Requiring a greater down payment than is usual for
25

the particular type of a loan involved.

SB3364
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1

(2) Requiring a shorter period of amortization than is
2

usual for the particular type of loan involved.
3

(3) Charging a higher interest rate than is usual for
4

the particular type of loan involved.
5

(4) An under appraisal of real estate or other item of
6

property offered as security.
7

(E) Artificial Intelligence. "Artificial intelligence" has
8
the same meaning as used in Article 2 of this Act.

9
(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)

10

(775 ILCS 5/4-102)

(from Ch. 68, par. 4-102)
11

Sec. 4-102.
Civil Rights Violations: Loans.
It shall be a
12
civil rights violation for any financial institution, on the
13
grounds of unlawful discrimination, to:
14

(A) Denial of Services. Deny any person any of the
15
services normally offered by such an institution.
16

(B) Modification of Services. Provide any person with any
17
service which is different from, or provided in a different
18
manner than, that which is provided to other persons similarly
19
situated.
20

(C) Loan Terms. Deny or vary the terms of a loan.
21

(D) Property Location. Deny or vary the terms of a loan on
22
the basis that a specific parcel of real estate offered as
23
security is located in a specific geographical area.
24

(E) Consideration of Income. Deny or vary the terms of a
25
loan without having considered all of the regular and

SB3364
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LRB104 20240 JRC 33691 b
1
dependable income of each person who would be liable for
2
repayment of the loan.
3

(F) Lending Standards. Utilize lending standards that have
4
no economic basis and which constitute unlawful
5
discrimination.
6

(G) Use of artificial intelligence. To fail to inform an
7
applicant for a loan if the financial institution used
8
artificial intelligence to process the application.

9
(Source: P.A. 81-1216.)

10

(775 ILCS 5/4-103)

(from Ch. 68, par. 4-103)
11

Sec. 4-103.
Credit Cards.
It is a civil rights violation
12
for a person who offers credit cards to the public in this
13
State:
14

(A) Denial. To refuse to issue a credit card, upon
15

proper application, on the basis of unlawful
16

discrimination.
17

(B) Reasons for Rejection. To fail to inform an
18

applicant for a credit card, upon request, of the reason
19

that his or her application for a credit card has been
20

rejected.
21

(C) Use of artificial intelligence. To fail to inform
22

an applicant for a credit card, upon request, if the
23

person used artificial intelligence to process the
24

application.

25
(Source: P.A. 81-1216
.)

SB3364
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LRB104 20240 JRC 33691 b
1

(775 ILCS 5/4-105 new)
2

Sec. 4-105.
Rules.
The Department shall adopt any rules
3
necessary for the implementation and enforcement of the notice
4
provision in Sections 4-102 and 4-103, including, but not
5
limited to, rules on the circumstances and conditions that
6
require notice, the time period for providing notice, and the
7
means for providing notice.

8

(775 ILCS 5/5-101)

(from Ch. 68, par. 5-101)
9

Sec. 5-101.
Definitions.
The following definitions are
10
applicable strictly in the context of this Article:
11

(A) Place of Public Accommodation. "Place of public
12
accommodation" includes, but is not limited to:
13

(1) an inn, hotel, motel, or other place of lodging,
14

except for an establishment located within a building that
15

contains not more than 5 units for rent or hire and that is
16

actually occupied by the proprietor of such establishment
17

as the residence of such proprietor;
18

(2) a restaurant, bar, or other establishment serving
19

food or drink;
20

(3) a motion picture house, theater, concert hall,
21

stadium, or other place of exhibition or entertainment;
22

(4) an auditorium, convention center, lecture hall, or
23

other place of public gathering;
24

(5) a bakery, grocery store, clothing store, hardware

SB3364
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LRB104 20240 JRC 33691 b
1

store, shopping center, or other sales or rental
2

establishment;
3

(6) a laundromat, dry-cleaner, bank, barber shop,
4

beauty shop, travel service, shoe repair service, funeral
5

parlor, gas station, office of an accountant or lawyer,
6

pharmacy, insurance office, professional office of a
7

health care provider, hospital, or other service
8

establishment;
9

(7) public conveyances on air, water, or land;
10

(8) a terminal, depot, or other station used for
11

specified public transportation;
12

(9) a museum, library, gallery, or other place of
13

public display or collection;
14

(10) a park, zoo, amusement park, or other place of
15

recreation;
16

(11) a non-sectarian nursery, day care center,
17

elementary, secondary, undergraduate, or postgraduate
18

school, or other place of education;
19

(12) a senior citizen center, homeless shelter, food
20

bank, non-sectarian adoption agency, or other social
21

service center establishment; and
22

(13) a gymnasium, health spa, bowling alley, golf
23

course, or other place of exercise or recreation.
24

(B) Operator. "Operator" means any owner, lessee,
25
proprietor, manager, superintendent, agent, or occupant of a
26
place of public accommodation or an employee of any such

SB3364
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LRB104 20240 JRC 33691 b
1
person or persons.
2

(C) Public Official. "Public official" means any officer
3
or employee of the state or any agency thereof, including
4
state political subdivisions, municipal corporations, park
5
districts, forest preserve districts, educational
6
institutions, and schools.
7

(D) Artificial Intelligence. "Artificial intelligence" has
8
the same meaning as used in Article 2 of this Act.

9
(Source: P.A. 100-863, eff. 8-14-18.)

10

(775 ILCS 5/5-102)

(from Ch. 68, par. 5-102)
11

Sec. 5-102.
Civil Rights Violations: Public
12
Accommodations.
It is a civil rights violation for any person
13
on the basis of unlawful discrimination to:
14

(A) Enjoyment of Facilities, Goods, and Services. Deny or
15
refuse to another the full and equal enjoyment of the
16
facilities, goods, and services of any public place of
17
accommodation;
18

(B) Written Communications. Directly or indirectly, as the
19
operator of a place of public accommodation, publish,
20
circulate, display or mail any written communication, except a
21
private communication sent in response to a specific inquiry,
22
which the operator knows is to the effect that any of the
23
facilities of the place of public accommodation will be denied
24
to any person or that any person is unwelcome, objectionable
25
or unacceptable because of unlawful discrimination;

SB3364
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1

(C) Public Officials. Deny or refuse to another, as a
2
public official, the full and equal enjoyment of the
3
accommodations, advantage, facilities or privileges of the
4
official's office or services or of any property under the
5
official's care because of unlawful discrimination.
6

(D) Use of Artificial Intelligence. To fail to inform a
7
person seeking a place of public accommodation that the place
8
of public accommodation uses artificial intelligence to
9
determine whether the person seeking a place of public
10
accommodation is permitted to enjoy the full and equal
11
enjoyment of its facilities, goods, and services.

12

The Department shall adopt any rules necessary for the
13
implementation and enforcement of this subdivision, including,
14
but not limited to, rules on the circumstances and conditions
15
that require notice, the time period for providing notice, and
16
the means for providing notice.

17
(Source: P.A. 95-668, eff. 10-10-07.)

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